Phoenix Technologies Ltd. v. VMware, Inc.

Northern District of California, cand-4:2015-cv-01414

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART THE PARTIES ADMINISTRATIVE ({{120}}, {{124}}, {{143}}, {{148}}, {{157}}, {{166}}) MOTIONS TO FILE UNDER SEAL.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PHOENIX TECHNOLOGIES LTD., 7 Case No. 15-cv-01414-HSG Plaintiff, 8 ORDER GRANTING IN PART AND v. DENYING IN PART THE PARTIES' 9 ADMINISTRATIVE MOTIONS TO VMWARE, INC., FILE UNDER SEAL 10 Defendant. Re: Dkt. Nos. 120, 124, 143, 148, 157, 166 11 12 Before the Court are several administrative motions to file various documents under seal Northern District of California United States District Court 13 pursuant to Civil Local Rule 79-5, relating to Plaintiff Phoenix Technologies ("Plaintiff") and 14 Defendant VMware, Inc.'s ("Defendant") cross-motions for summary judgment. See Dkt. Nos. 15 120, 124, 143, 148, 157 & 166. No oppositions to the motions were filed. Having carefully 16 considered each of the requested redactions, the Court GRANTS IN PART and DENIES IN 17 18 PART the administrative motions to seal. 19 I. LEGAL STANDARD 20 Courts generally apply a "compelling reasons" standard when considering motions to seal 21 documents. Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677-78 (9th Cir. 2010). "This standard 22 derives from the common law right 'to inspect and copy public records and documents, including 23 judicial records and documents.'" Id. (quoting Kamakana v. City & Cnty. of Honolulu, 447 F.3d 24 25 1172, 1178 (9th Cir. 2006)). "[A] strong presumption in favor of access is the starting point." 26 Kamakana, 447 F.3d at 1178 (citation and internal quotation marks omitted). To overcome this 27 strong presumption, the moving party must "articulate compelling reasons supported by specific 28 factual findings that outweigh the general history of access and the public policies favoring disclosure, such as the public interest in understanding the judicial process." Id. at 1178-79 1 2 (citations, internal quotation marks, and alterations omitted). "In general, compelling reasons 3 sufficient to outweigh the public's interest in disclosure and justify sealing court records exist 4 when such court files might have become a vehicle for improper purposes, such as the use of 5 records to gratify private spite, promote public scandal, circulate libelous statements, or release 6 trade secrets." Id. at 1179 (citation and internal quotation marks omitted). The court must 7 "balance the competing interests of the public and the party who seeks to keep certain judicial 8 records secret. After considering these interests, if the court decides to seal certain judicial 9 10 records, it must base its decision on a compelling reason and articulate the factual basis for its 11 ruling, without relying on hypothesis or conjecture." Id. (citations, brackets, and internal 12 quotation marks omitted). Northern District of California United States District Court 13 Civil Local Rule 79-5 supplements the "compelling reasons" standard. The party seeking 14 to file under seal must "establish[ ] that the document, or portions thereof, are privileged, 15 protectable as a trade secret or otherwise entitled to protection under the law. . . . The request 16 must be narrowly tailored to seek sealing only of sealable material. . . ." Civ. L.R. 79-5(b). 17 18 Finally, records attached to motions that are only "tangentially related to the merits of a 19 case" are not subject to the strong presumption of access. Ctr. for Auto Safety v. Chrysler Grp., 20 LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). Accordingly, parties moving to seal such records must 21 meet the lower "good cause" standard of Rule 26(c) of the Federal Rules of Civil Procedure. Id. at 22 1097. The "good cause" standard requires a "particularized showing" that "specific prejudice or 23 harm will result" if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors 24 25 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002) (citation and internal quotation marks omitted); see 26 also Fed. R. Civ. P. 26(c). 27 II. DISCUSSION 28 Here, the Court applies the "compelling reasons" standard because the documents at issue 2 have more than a tangential relation to the merits of the case. See Ctr. for Auto Safety, 809 F.3d at 1 2 1101. The Court rules as follows: 3 Motion Document Ruling Reason 120 Plaintiff's Motion for Summary GRANTED as to pp. 22; 23, Confidential source code. 4 Judgment ("Plaintiff's 26, 29, 30, 32, 33, 34, 351 Motion"), Exhibit 6 5 120 Plaintiff's Motion, Exhibit 9 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 10 DENIED No Declaration in Support. 6 120 Plaintiff's Motion, Exhibit 11 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 14 DENIED No Declaration in Support. 7 120 Plaintiff's Motion, Exhibit 15 GRANTED Confidential Business Agreement. 120 Plaintiff's Motion, Exhibit 16 DENIED No Declaration in Support. 8 120 Plaintiff's Motion, Exhibit 19 GRANTED Confidential Business Agreement. 120 Plaintiff's Motion, Exhibit 20 DENIED No Declaration in Support. 9 120 Plaintiff's Motion, Exhibit 21 GRANTED Confidential Business Agreement. 120 Plaintiff's Motion, Exhibit 22 GRANTED Confidential Business Agreement. 10 120 Plaintiff's Motion, Exhibit 23 GRANTED Confidential Business Agreement. 120 Plaintiff's Motion, Exhibit 26 DENIED No Declaration in Support. 11 120 Plaintiff's Motion, Exhibit 27 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 35 DENIED No Declaration in Support. 12 120 Plaintiff's Motion, Exhibit 37 DENIED No Declaration in Support. Northern District of California 120 Plaintiff's Motion, Exhibit 38 DENIED No Declaration in Support. United States District Court 13 120 Plaintiff's Motion, Exhibit 42 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 43 GRANTED Confidential Product Development 14 Information. 120 Plaintiff's Motion, Exhibit 44 DENIED No Declaration in Support. 15 120 Plaintiff's Motion, Exhibit 45 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 47 DENIED No Declaration in Support. 16 120 Plaintiff's Motion, Exhibit 48 GRANTED Confidential Copyright Information. 120 Plaintiff's Motion, Exhibit 51 DENIED No Declaration in Support. 17 120 Plaintiff's Motion, Exhibit 54 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 59 DENIED No Declaration in Support. 18 120 Plaintiff's Motion, Exhibit 60 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 61 DENIED No Declaration in Support. 19 120 Plaintiff's Motion, Exhibit 62 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 63 DENIED No Declaration in Support. 20 120 Plaintiff's Motion, Exhibit 65 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 68 DENIED No Declaration in Support. 21 120 Plaintiff's Motion, Exhibit 71 DENIED No Declaration in Support. 120 Plaintiff's Motion, Exhibit 72 DENIED No Declaration in Support. 22 148 Plaintiff's Opposition to DENIED as to pp. 2, 3, 4, 7, 12, No Declaration in Support. Defendant's Motion for 13, 19 summary judgment ("Plaintiff's 23 Opp.") 148 Plaintiff's Opp., Exhibit 74 GRANTED Confidential Business Information. 24 148 Plaintiff's Opp., Exhibit 75 GRANTED as to 146, 147 Confidential Business Information. 148 Plaintiff's Opp., Exhibit 76 DENIED No Declaration in Support. 25 148 Plaintiff's Opp., Exhibit 77 GRANTED Confidential Product Development Information. 26 27 1 Two of Plaintiff's motions to file documents under seal refer to entire pages rather than the 28 discrete portions of text on each page that have been redacted. See Dkt. Nos. 120, 148. Unless otherwise stated, the Court's order applies only to the previously proposed redactions. 3 148 Plaintiff's Opp., Exhibit 79 GRANTED as to 53, 161-62 Confidential Business Information. 1 148 Plaintiff's Opp., Exhibit 80 DENIED No Declaration in Support. 148 Plaintiff's Opp., Exhibit 81 GRANTED Confidential Business Information. 2 148 Plaintiff's Opp., Exhibit 82 GRANTED as to 46, 47, 48, 49 Confidential Business Information. 148 Plaintiff's Opp., Exhibit 84 GRANTED as to 1, 3 Confidential Business Information. 3 148 Plaintiff's Opp., Exhibit 85 GRANTED as to 94, 95 Confidential Business Information. 148 Plaintiff's Opp., Exhibit 87 GRANTED Confidential Business Information. 4 148 Plaintiff's Opp., Exhibit 88 GRANTED as to 9:3-11:25; Confidential Business Information. 30:4-25; 51, 53 5 148 Plaintiff's Opp., Exhibit 101 GRANTED Confidential Business Agreement. 148 Plaintiff's Opp., Exhibit 102 GRANTED Confidential Business Presentation. 6 148 Plaintiff's Opp., Exhibit 104 DENIED No Declaration in Support. 148 Plaintiff's Opp., Exhibit 105 DENIED No Declaration in Support. 7 157 Plaintiff's Reply to Defendant's DENIED No Declaration in Support. Motion for Summary Judgment 8 ("Plaintiff's Reply"), Exhibit 106 9 157 Plaintiff's Reply, Exhibit 107 DENIED No Declaration in Support. 157 Plaintiff's Reply, Exhibit 108 DENIED No Declaration in Support. 10 157 Plaintiff's Reply, Exhibit 112 DENIED No Declaration in Support. 157 Plaintiff's Reply, Exhibit 115 DENIED No Declaration in Support. 11 124 Defendant's Motion for GRANTED as to 5:21-22; Confidential Business Information. Summary Judgment 10:3-4 12 ("Defendant's Motion") Northern District of California United States District Court DENIED as to 4:24-27; 8:3-7, No Declaration in Support. 13 13-14; 9:18-22; 10:5-9, 11-12; 11:11, 15-16, 22-24; 12:10-13, 14 19-25; 13:5-9, 11-12, 21-24, 28; 14:1-9, 15-16; 15:4-5, 11- 15 13; 18:1, 25, 27-28; 20:9-12, 24-25; 21:12-14, 20-28; 22:1; 16 23:4-24; 24:1-17 & n.16; 25:13, 21; 28:17 124 Defendant's Motion, Exhibit 2 DENIED as to pp. 22 ¶ 68; 23 Relevant Pages Not Included in 17 ¶¶ 69-70; 26 ¶ 85; 29 ¶ 92; 32 ¶ Exhibit 2. 102; 34 ¶ 114; 35 ¶ 118 18 124 Defendant's Motion, Exhibit 3 DENIED No Declaration in Support. 124 Defendant's Motion, Exhibit 5 DENIED No Declaration in Support. 19 124 Defendant's Motion, Exhibit 6 GRANTED as to 510:17- Confidential Business Information. 514:25; 589:10-19 20 124 Defendant's Motion, Exhibit 7 GRANTED Confidential Business Agreement. 124 Defendant's Motion, Exhibit 8 GRANTED Confidential Business Agreement. 21 124 Defendant's Motion, Exhibit 9 GRANTED Confidential Business Agreement. 124 Defendant's Motion, Exhibit 10 GRANTED Confidential Business Agreement. 22 124 Defendant's Motion, Exhibit 11 GRANTED Confidential Business Agreement. 124 Defendant's Motion, Exhibit 12 GRANTED Confidential Business Agreement. 23 124 Defendant's Motion, Exhibit 13 GRANTED Confidential Business Agreement. 124 Defendant's Motion, Exhibit 14 DENIED No Declaration in Support. 24 124 Defendant's Motion, Exhibit 18 GRANTED as to 39:3, 13, 15- Confidential Business Information. 16, 18-20; 44:21, 24-25; 45:16; 25 46:11-12 124 Defendant's Motion, Exhibit 29 DENIED No Declaration in Support. 26 124 Defendant's Motion, Exhibit 33 DENIED No Declaration in Support. 124 Defendant's Motion, Exhibit 35 DENIED No Declaration in Support. 27 124 Defendant's Motion, Exhibit 37 DENIED No Declaration in Support. 124 Defendant's Motion, Exhibit 38 GRANTED as to Confidential Business and Personal 28 PHX00000597, PHX00000598, Information. 4 PHX00000599, PHX00000600, 1 PHX00000601-04, PHX00000605, PHX00000606 2 124 Defendant's Motion, Exhibit 39 GRANTED as to 101:10-17 Confidential Business Information. 124 Defendant's Motion, Exhibit 40 GRANTED as to 2:22-28, 3:1- Confidential Business and Personal 3 22, 4:5-6, 7:8, 8:12-28, 9:1-10, Information. 15-17 4 124 Defendant's Motion, Exhibit 41 GRANTED Confidential Business Agreement. 124 Defendant's Motion, Exhibit 42 DENIED No Declaration in Support. 5 124 Defendant's Motion, Exhibit 46 6:17-24 Confidential Business Information. 124 Defendant's Motion, Exhibit 47 9:25 Confidential Personal Information. 6 124 Defendant's Motion, Exhibit 48 DENIED No Declaration in Support. 124 Defendant's Motion, Exhibit 60 GRANTED as to Confidential Personal Information. 7 PHX00019323 124 Defendant's Motion, Exhibit 61 DENIED No Declaration in Support. 8 124 Defendant's Motion, Exhibit 63 DENIED No Declaration in Support. 124 Defendant's Motion, Exhibit 64 DENIED No Declaration in Support. 9 124 Defendant's Motion, Exhibit 65 GRANTED as to 142:17-19; Confidential Business Information. 143:24-144:4 10 124 Defendant's Motion, Exhibit 66 GRANTED Confidential Business Information. 124 Defendant's Motion, Exhibit 67 GRANTED as to licensing and Confidential Business Information. 11 pricing information on p. PHX00050644 12 124 Defendant's Motion, Exhibit 69 GRANTED as to as to licensing Confidential Business Information. Northern District of California and pricing information on p. United States District Court 13 PHX00050546 124 Defendant's Motion, Exhibit 72 GRANTED as to 1, 3: ¶ 4: ¶ 6; Confidential Business Information. 14 Schedule A 15 DENIED as to 11: Header C, ¶¶ Relevant Pages Not Included in 21-23; 12: ¶¶ 23, 25; 13: ¶ 26; Exhibit 72. 19: ¶¶ 44-45; 20: ¶ 46; 22: ¶ 53; 16 23: ¶ 55; 26: ¶ 62, n.95; 28: ¶ 69; 30: ¶ 73; 31: Header F, ¶¶ 17 77-78; 32: ¶ 80; 33: ¶¶ 84-85; 40: ¶ 103 n.175, Schedules B, C 18 143 Defendant's Opposition to DENIED as to 2:12, 17-18; No Declaration of Support. Plaintiff's Motion for summary 6:10-15, 20-23; 7:23-24; 8:2-5; 19 judgment ("Defendant's Opp.") 10:5-7; 13:25; 15:2-4; 18:16, 21, 23-25; 21:13-14; 22:9; 20 25:20-21 143 Defendant's Opp., Exhibit A DENIED No Declaration of Support. 21 143 Defendant's Opp., Exhibit B DENIED No Declaration of Support. 143 Defendant's Opp., Exhibit E DENIED No Declaration of Support. 22 143 Defendant's Opp., Exhibit F GRANTED Confidential Customer Agreement. 143 Defendant's Opp., Decl. of DENIED as to 2:19-21; 6:7-8 No Declaration of Support. 23 Todd C. Mowry 143 Defendant's Opp., Decl. of DENIED No Declaration of Support. 24 Todd C. Mowry, Exhibit 2 166 Defendant's Reply to Plaintiff's GRANTED as to 7: Confidential Business Information. 25 Motion for Summary Judgment ("Defendant's Reply") DENIED as to 12:7-9 No Declaration of Support. 26 166 Defendant's Reply, Decl. of DENIED No Declaration of Support. Michael A. Jacobs, Exhibit 77 27 166 Defendant's Reply, Decl. of DENIED No Declaration of Support. Michael A. Jacobs, Exhibit 78 28 166 Defendant's Reply, Decl. of DENIED No Declaration of Support. 5 Michael A. Jacobs, Exhibit 79 1 III. CONCLUSION 2 Pursuant to Civil Local Rule 79-5(f)(3), the parties must, within 7 days, file the necessary 3 revised versions of the documents listed in the chart above. Defendant may also file, within 7 4 days of this Order, unredacted versions of Exhibits 2 and 72 to Defendant's Motion for Summary 5 Judgment that include all relevant pages to which Defendant's motion to seal refers. 6 IT IS SO ORDERED. 7 Dated: 12/6/2016 8 ______________________________________ 9 HAYWOOD S. GILLIAM, JR. United States District Judge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6